Cap on Nursing Home Abuse Awards Could Hurt Victims
Abuse and neglect of nursing home victims happens more than anyone wants to admit. Statistics show at least one in three nursing home residents are harmed during their time in a facility and in most cases, the harm is entirely preventable.
When abuse or neglect occurs, nursing home residents and their families have a right to take legal action. Multi-million dollar verdicts have been given to elderly victims that have fallen, developed bedsores, suffered serious infections, or were injured in some other way because they were not properly supervised or given the care they deserved.
And while there is no way money can make up for the mistreatment, these verdicts send a powerful message to nursing homes – the law will hold them accountable for the actions or inactions of their employees.
HR 1215 Would Cap Compensation for Nursing Home Abuse Victims
Now there is concern that a law proposed by Republican lawmakers might prevent justice from being served in cases of nursing home abuse and neglect. HR 1215 would limit the amount of non-economic damages a victim could receive from a nursing home lawsuit to $250,000, regardless how many victims were injured and how many people or corporations were responsible. Non-economic damages are supposed to compensate a victim for harm, including physical and emotional pain, and disfigurement.
The bill would also affect victims of sexual abuse in nursing homes and send the message that the system does not take nursing home sexual abuse seriously. Opponents of the HR 1215 believe that if the bill passes there will be nothing preventing nursing homes from abusing or neglecting residents. In an industry that pulls in more than $10 billion in profits every year, there should be some safeguard in place that serves as a deterrent and ensures victims are compensated should the unthinkable occur.
Neglect and abuse in nursing homes put some of our most vulnerable citizens at risk. In some cases, the action and inaction of nursing home employees leads to fatal consequences. There is no reason why anyone who is victimized at the mercy of a supposed caregiver should not be compensated for his or her injuries.
Our goal at Heavens Law is to make sure any victim of nursing home neglect or physical or sexual abuse is compensated adequately. If you or a loved one was injured during a stay in a nursing home, contact us at 888.897.5377 to discuss your case.